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	Judge Orders Inquiry into Diocese Abuse Case By Adam Parker Post and Courier March 10, 2007 http://www.charleston.net/assets/webPages/departmental/news/Stories.aspx?section=localnews&tableId=134130&pubDate=3/10/2007 St. George — A circuit judge on Friday refused to approve an agreement to settle claims of sexual abuse against the Catholic Diocese of Charleston, instead ordering an investigation to determine whether there was a cover-up of additional abuse cases. Dorchester County Judge Diane Goodstein expressed "grave concern" over two new court revelations: A 1962 Vatican document calling for secrecy on the part of church officials and "denouncers," and a suggestion made by Larry Richter, a lawyer representing victims of abuse, that "there is a difference between the number of priests who have engaged in sexual assault or abuse and the real number, and that the real number may be somewhere hidden or undisclosed or secret." Richter referred to the diocese's "secret archives" which, he said, likely contain information on all cases of abuse. James Geoly, an attorney for the Catholic Church, objected earlier in the hearing to the citation of the document, called an "Instruction on the Manner of Proceeding in Cases of Solicitation," saying it referred to the sacrament of confession, not sexual abuse, and that "it lacks authentication and is hearsay." "It is not and never was intended to be a prohibition of anyone to come forward with a secular claim," Geoly said. Goodstein said Dorchester County Solicitor David Pascoe would lead the investigation and that she would make her decision on the proposed settlement once the results are known. "I must have assurances that there are no crimes that have been committed against children, now adults, that have been undisclosed to law enforcement," she said. The settlement agreement, which resulted in a class-action lawsuit, was the result of tense and adversarial negotiations between the diocese and the victims' lawyers, according to testimony. Richter said church officials had to be "dragged kicking and screaming" to the settlement. "The diocese did nothing on its own initiative," he said. Diocese lawyer Peter Shahid Jr. dismissed the charge, saying that church officials had addressed claims during the past 10 years. "We are adversaries," he confirmed, "but peddling in the same direction." A settlement agreement had been hammered out, he said. The class-action suit opens a window of opportunity, typically 120 days, for people born before Aug. 30, 1980, with legitimate claims of child sexual abuse to file a claim. All victims of abuse in the Diocese of Charleston are automatically eligible to file, and all have a right to opt out of the class action to pursue other litigation, according to the agreement. Victims who do not join the suit or who opt out will become unable to make any claim against the diocese after the filing period. Those who have made a prior claim against the diocese, regardless of whether that claim succeeded or failed, are ineligible to participate in the class-action suit. Awards range from $10,000 to $200,000, depending on the type of alleged abuse. Parents and current spouses of victims also can participate in the suit, claiming "loss of consortium," which would make them eligible for a $20,000 award. Those born after Aug. 30, 1980, still may be unhindered by the six-year statute of limitations and able to take legal action independently. Charleston attorney Gregg Meyers, who represents one victim and has represented others in the past, said the $20,000 consortium cap was unfair and inadequate, considering the burden that child abuse places on parents and spouses. He also asked to expand the criteria for granting monetary settlements, saying that "touch" alone - establishing that victims were physically violated - was insufficient, considering the profound psychological damage most victims suffer. Richter objected, saying Meyers cannot advocate for individuals he no longer represents. Walter Bilbro, another Charleston attorney, also emphasized the need to compensate for victims' psychological trauma, which is likely to persist well into the future. But it was unclear Friday whether the terms of the settlement would be adjusted. Richter said 53 people so far have submitted claims. Between 1950 and 2006, church officials identified 50 victims, some of whom made claims against the diocese. During that period, 26 clergy and two non-clergy are alleged to have committed acts of sexual misconduct. Nine were found or pleaded guilty, though none served any jail time. Richter, who is Catholic, called on the bishop to release the names and locations of all known perpetrators. "I am sickened that a few perverts have besmirched the good name of my church and my religion," he said. Shahid said the call for an investigation likely is a formality, and that the diocese once before complied with such an inquiry. "I think she's following the law, and we will cooperate fully," he said. Reach Adam Parker at 937-5902 or aparker@postandcourier.com.
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